Policy Bulletin 2021/3 Crime Policy: Aboriginal women in the Local Court

11 Jun 2021

The Legal Aid NSW Board has approved a new Criminal Law guideline to ensure that Aboriginal women are represented in the Local Court.

Background

The Bureau of Crime Statistics and Research (BOCSAR) found that the number of women being imprisoned in NSW over the past six years has increased by 50%. Research shows this is mostly affecting Aboriginal women, whose imprisonment rate has increased by 74% compared with a 40% increase by non-Aboriginal women. These figures are not a consequence of Aboriginal women committing more serious offences. Rather, the high incarceration rates appear to be a consequence of over-policing.

Under the Legal Aid NSW Aboriginal Client Services Initiative 2018-19, one of the proposals was to include Aboriginal women as an exception to the risk of gaol eligibility requirement in the Local Court Criminal Law Policy. The purpose of the policy change is to ensure representation for Aboriginal women where they would otherwise not be eligible, for example, where there is no risk of gaol.

Commencement date

The change applies to applications determined on or after 15 June 2021.

Contact for further information

Email Aideen McGarrigle from Client Eligibility Unit or phone 02 9219 5701.